With an election year upon us, politicians and organizations throughout the United States are pushing for people to go out and vote. Across the nation, however, many felons living in the United States are ineligible to vote by virtue of their conviction. In some states, the prohibition is a permanent one. Over the past few decades, there has been a general trend toward the reinstatement of voting rights for returning citizens. The details on if, when, and how a felon would have his or her voting rights restored is a policy choice for each state. So, the answer as to whether or not it is legal to vote in America if you are a felon is, “It depends.”
Voting Rights Restoration
Currently, state policies regarding felon voting disenfranchisement vary significantly. There are four general categories, according to the National Conference of State Legislatures (NCSL):
- No loss of voting rights;
- Automatic restoration after release;
- Automatic restoration after completion of sentence, including parole or probation;
- Restoration with additional action required after completion of sentence, including probation or probation.
Even while incarcerated, felons in Maine and Vermont never lose their right to vote. Felons lose their right to vote only while incarcerated in 16 states and the District of Columbia, however, they receive automatic rights restoration upon release. Felons lose their voting rights while incarcerated, as well as for some time after (typically while on parole or probation), in 21 states. In these states, after the time period has passed and any outstanding fees, restitution, and fines have been paid, voting rights are restored. In 11 states felons are disenfranchised permanently for some times, or require a pardon from the governor in order for voting rights to be restored. They may also face an additional waiting period before their voting rights can be restored.
Automatic restoration, in all cases, does not really mean “automatic.” Generally, a prison official automatically lets election officials know that the person’s voting rights have been restored. Then, the person must re-register to vote through the normal process.
Illegal Voting
About a dozen former felons form North Carolina have been charged with illegal voting, most recently for the 2016 election according to a New York Times news article. While it is labeled “voter fraud,” all of the individuals were on probation or parole for felony convictions when they voted and were unaware that North Carolina law, and other states’ laws, disqualifies a person from voting with a felony record. If convicted, these individuals could face up to two years in prison.
Election experts and many public officials across the nation proclaim there is no widespread evidence of voter fraud in the United States; however, other politicians, local prosecutors and state officials in Idaho, Kansas, North Carolina, and Texas, among other states, have been sending a tough message by filing criminal charges against a small group of people who are caught voting illegally.
Know Your Rights
If you have been convicted of a felony, be sure to look up local election laws to determine whether or not you are eligible to vote and what needs to be done to be able to legally do so. For other legal issues, including if you or someone you know has been hurt in a Nevada accident, contact the skilled Las Vegas personal injury lawyers at H&P Law. Our skilled attorneys will fight for the monetary compensation you deserve.
